52d  Congress,  )    HOUSE  OF  REPEESENTATIYES.     )  Report 


1st  Session,     S  \  ^o.  009 


BRIDGE  OYER  THE  HUDSON  RIVER. 


March  29,  1892. — Referred  to  tlie  House  Caleuflar  and  ordered  to  be  printed. 


Mr.  Geary,  from  the  Committee  on  Interstate  and  Foreign  Com- 
merce, submitted  the  following 

REPORT: 

[To  accompany  H.  R.  7585.] 

The  Committee  on  Interstate  and  Foreign  Commerce,  to  whom  was 
referred  the  bill  (H.  R.  7585)  giving  the  approval  of  the  United  States 
Government  to  the  erection  of  a  bridge  over  the  Hudson  River,  by  the 
Kew  York  and  New  Jersey  Bridge  Companies  upon  certain  terms  and 
conditions,  as  provided  in  the  bill,  would  respectfully  report  tliat  the}^ 
have  given  the  matter  careful  and  painstaking  consideration,  and 
would  respectfully  recommend  that  the  same  do  pass. 

The  State  of  New  York,  by  chapter  233  of  the  laws  of  New  York,  of 
1890,  chartered  what  is  known  as  the  New  York  and  New  Jersey  Bridge 
Company,  and  gave  it  authority  to  erect  a  bridge  across  the  Hudson 
River  for  the  purposes  of  traffic.  A  charter  was  granted  by  chapter 
520  of  the  lnws  of  New  Jersey  as  far  back  as  1868,  authorizing  the  New 
York  and  New  Jersey  Bridge  Company  to  bridge  the  Hudson  River  op- 
posite the  city  of  New  York.  It  was  provided,  however,  in  that  charter, 
that  it  should  not  take  effect  until  the  State  of  New  York  should  grant 
a  similar  charter  which  was  done  hy  the  act  of  1890  aforesaid,  which 
act  went  into  force  on  April  30,  1890. 

Some  question  having  been  made  as  to  the  legality  of  the  act  of  18G8, 
and  its  subsequent  repeal,  by  the  provisions  of  the  general  laws  of  the 
State  of  New  Jersey,  it  was  provided  by  chapter  85,  laws  of  1891  of  said 
State,  that  any  defect  that  might  be  claimed  to  exist  in  the  charter 
granted  in  1808  should  be  cured.  ^ 

And  the  same  legislature  at  the  same  session  passed  two  other  acts, 
chapters  80  and  87,  covering  all  questions  of  the  reorganization  of  the 
company  authorized  by  the  original  act. 

The  action  provided  to  be  taken  by  chapter  86,  above  referred  to,  has 
been  taken.  The  certificate  of  acceptance  has  been  duly  made  and 
filed  with  the  secretary  of  state  of  New  Jersey,  the  same  having  been 
api)roved  by  the  governor  and  attorney- general  of  tliat  State. 

The  New  York  and  New  Jersey  comi)anies  have  been  organized  ac- 
cording to  the  terms  of  their  resjiective  charters.  The  requisite  amount 
of  stock,  to  wit,  $300,000,  required  by  the  New  York  charter,  has  been 
subscribed  and  paid  for  as  therein  required. 

The  amount  of  $100,000  of  stock  in  the  New  Jersey  Company  lias 
been  subscribed,  and  the  payments  as  required  by  the  New  Jersey 
charter  have  been  made  ther(*on. 

The  company  authorized  by  the  New  York  charter  was  organized 


T3f  ^ 

2         -    '^  BRIDGE  ACROSS  THE  HUDSON  RIYER. 

October  1, 1890,  and  the  coiiix3any  authorized  by  the  New  Jersey  charter 
was  organized  September  2,  1891. 

The  two  comiDanies  have  united,  or  consolidated  their  interests,  the 
union  and  consolidation  having  been  completed  December  31,  1891. 

A  large  amount  of  land  has  been  purchased  for  the  construction  of 
the  bridge  and  its  approaches  on  both  sides  of  the  river,  and  ground 
was  formally  broken  on  each  side  in  December,  1891,  and  construction 
commenced. 

The  commissioners  appointed  to  organize  the  company  under  the 
charter  of  the  State  of  l:^"ew  York,  with  Andrew  H.  Green  at  their  head, 
met,  and  having  organized,  as  required  by  the  charter,  formally  located 
the  bridge. 

They  called  to  their  assistance  Thomas  0.  Clarke  as  chief  engineer, 
and  Charles  B.  Brush  as  assistant  engineer,  who,  after  a  thorough  and 
exhaustive  examination  of  the  river  banks  and  sites  on  which  a  bridge 
might  be  located,  and  bored  the  bottoms  of  the  stream,  to  ascertain 
satisfactory  foundations  for  the  piers  on  which  it  was  to  rest,  and  all 
being  present  and  acting  unanimously,  adopted  and  made  the  location 
of  the  bridge,  api^roaches,  connections,  and  stations  at  the  point  pro- 
vided for  in  the  bill  now  recommended  by  the  committee. 

During  the  progress  of  this  work  the  l^ew  York  and  i^ew  Jersey 
bridge  companies  have  paid  out  and  expended  a  very  large  amount  of 
money.  They  have  likewise  obligated  themselves  and  become  irrev- 
ocably responsible  for  another  very  large  sum  of  money  in  order  to 
carry  it  out. 

These  large  expenditures  and  obligations  have  been  incurred  in  good 
faith,  and  with  a  reasonable  expectation  that  the  Congress  of  the  United 
States  would  allow  the  States  of  IS'ew  York  and  New  Jersey  to  carry 
out  this  great  public  work  if  they  desire  to  do  so. 

A  bill  substantially  the  same  as  this,  No.  455,  was  introduced  into 
the  Senate  by  Senator  Hiscock,  referred  to  the  Secretary  of  War,  and 
has  been  approved  by  him,  and  its  passage  recommended  with  certain 
modifications,  all  of  which  have  been  adopted  and  incorporated  iato 
the  present  bill. 

The  bill,  however,  provides,  in  order  to  more  fully  guard  against  any 
obstruction  to  the  river  commerce,  that  the  whole  matter  shall  be  again 
submitted  to  the  Secretary  of  War  for  his  approval,  upon  hearings 
which  he  is  to  hereafter  hold. 

All  the  plans  and  specifications,  and  all  modification  of  the  same,  are 
to  undergo  the  careful  scrutiny  of  the  Chief  of  Engineers  of  the  War 
Department,  and  are  to  be  fully  approved  before  construction  is  begun. 

No  bridge  bill  has  been  submitted  to  the  committee  which  so  care- 
fully guards  the  interests  of  commerce  and  the  rights  of  the  pubUc. 

It  is  brought  directly  under  the  control  of  the  Interstate  Commerce 
Commission,  and  all  disputes  between  the  railroad  companies,  connecting 
themselves  with  it  and  the  bridge  company,  either  as  to  the  equality 
or  the  equity  of  the  tolls  charged,  is  to  be  finally  determined  by  the 
Interstate  Commerce  Commission. 

The  location  of  the  bridge  as  fixed  by  the  bill,  but  which  must  be 
hereafter  again  approved  by  the  Secretary  of  War  before  it  becomes 
final,  is  at  or  about  Seventieth  street,  in  New  York,  extending  in  a 
direct  line  with  said  street  across  the  river  to  New  Jersey,  north  of  the 
southerly  line  of  the  township  of  Union,  in  the  county  of  Hudson,  and 
is  believed  to  be,  all  things  considered,  the  best  location  for  the  public 
convenience. 

On  the  New  Jersey  side  connections  are  to  be  made  with  all  railroads 
that  come  to  the  west  side  of  the  river. 


BRIDGE  ACROSS  THE  HUDSON  RIVER. 


3 


On  the  Xew  York  side  the  approaclies  extend  southerly  and  to 
Broadway,  then  reversing  run  northerly  along  the  Hudson  Elver  to  a 
level,  and  outside  and  west  of  the  Hudson  Elver  Eailroad  tracks  to 
about  One  hundred  and  fifty-third  street;  then  running  above  the 
tracks  of  that  road  turning  to  the  east,  by  tunnel  through  the  hill,  so 
as  to  reacli  and  make  connections  with  all  the  railroads  from  the  north 
and  east,  thus  making  unbroken  wheel  traffic  into  and  through  the  city 
of  ^^ew  York  to  all  sections  of  the  country  both  possible  and  prac- 
ticable. 

It  will  practically  annex  the  island  of  JS'ew  York  to  the  continent, 
and  save  hours  of  delay  in  travel,  and  lessen  expense  and  annoyances. 

It  will  cheapen  and  facilitate  the  transportation  of  the  immense  vol- 
ume of  products  that  now  have  no  other  Avay  of  transit  to  or  around 
the  city  of  Isew  York  than  the  flat  boat,  and  for  passengers  no  other 
or  better  way  than  the  ferry  boats. 

Kearly,  or  quite,  one  hundred  and  thirty  million  tons  of  freight  are 
brought  by  rail  to  the  west  side  of  the  river  annually;  and  nearly,  or 
quite,  eighty  million  of  persons  pass  yearly  over  the  Hudson  Elver  by 
ferry. 

Tlaese  are  subject  to  frequent  delays  and  dangers  by  reason  of  fogs, 
ice,  and  river  crafts,  and  make  the  beginning  or  end  of  a  journey  to  or 
from  the  city  of  Xew  York  expensive,  tedious,  and  disagreeable. 

The  bridge,  Avith  its  connections,  when  completed,  will  obviate  all 
these. 

Some  objection  has  been  made  to  Congress  agreeing  that  these  States 
may  bridge  the  river  on  account  of  an  act  passed  on  the  11th  day  of 
July,  1890,  to  build  the  bridge  across  the  Hudson  Elver,  known  as 
the  IS'orth  Elver  Bridge  Company. 

The  act  will  be  found  26  Statutes  at  Large  of  the  United  States, 
page  268. 

The  bridgie  authorized  by  this  act  has  been  located  so  as  to  cross 
into  the  city  of  New  York  about  Tenth  street,  which  is  more  than  1 
mile  from  the  location  of  the  present  bridge. 

An  examination  of  the  records  shows  that  there  are  now  at  the  city 
of  Cincinnati,  across  the  Ohio  Eiver,  Newport  and  Covington,  five 
large  bridges,  and  the  present  Congress  is  asked  to  authorize  another. 
As  each  of  these  bridges  was  constructed  the  same  contention  was  as 
here  made,  that  commerce  did  not  require  it,  but  it  was  overruled  and 
the  bridge  authorized,  and  they  have  been  found  both  profitable,  use- 
ful, and  necessary. 

There  are  three  large  railroad  bridges  across  the  Mississippi  Eiver  at 
or  near  St.  Louis. 

In  fact  an  examination  of  the  subject  leads  us  to  believe  that  in  no 
case  has  Congress  ever  refused  to  authorize  the  bridging  of  a  stream 
by  any  company  when  they  came  with  the  authority  of  the  State  to 
do  so.  Many  other  cities  with  from  two  to  five  bridges  might  be  cited 
whose  commerce  is  inconsiderable  compared  with  the  great  city  of 
New  York. 

It  is  barely  possil)le  that  Congressional  authority  is  at  all  necessary 
to  construct  a  bridge  when  authorized  by  the  States  if  it  does  not  in 
some  way  interfere  with  river  traffic. 

But  large  investments  and  enterprises  of  the  magnitude  of  this 
ought  to  have  and  receive  encouragement  at  the  hands  of  Congress 
by  approval  in  advance  of  a  structure  of  such  vital  inij^ortance  and 
which  is  agreed  to  be  again  submitted  to  the  Secretary  of  War  and  the 
Chief  of  Engineers  for  their  approval  before  work  is  begun. 


4 


BRIDGE  ACROSS  THE  HUDSON  RIVER. 


The  history  of  the  Forty -ninth  Congress  shows  that  58  bridges  were 
authorized  by  that  Congress;  that  90  bridges  were  authorized  by  the 
Fiftieth  Congress;  that  54  T^ere  authorized  by  the  Fifty-first  Congress, 
at  its  first  session;  that  these  bridges  were  scattered  all  over  the 
country  and  allowed  whenever  and  wherever  capitalists  desired  to  in- 
vest their  money  hi  public  enterprises  of  this  kind. 

The  statistics  presented  to  the  committee  show  clearly  that  80,000,000 
passengers  and  130,000,000  tons  of  freight,  annually,  cross  the  Hud- 
son River  between  the  city  of  New  York  and  State  of  New  Jersey  and 
will  furnish  ample  traffic  for  three  or  four  bridges,  much  less  two. 

It  does  not  appear  that  any  other  objection  is  urged  or  raised  with 
which  Congress  has  any  right  or  authority  to  deal  or  which  in  any 
way  affects  or  ought  to  aff'ect  the  action  of  Congress  in  the  ijresent 
matter. 

We  refer  to  the  report  uj)on  a  similar  bill  made  by  Mr.  Mason,  from 
the  Committee  on  Commerce,  at  the  first  session  of  the  Fifty-first  Con- 
gress, and  append  it  with  the  accompanying  documents  as  part  hereof. 
We  also  axjpend  the  letters  of  the  Secretary  of  War,  dated  December 
30,  1891,  to  the  chairman  of  the  Committee  on  Commerce  of  the  Senate, 
and  the  inclosure  of  Thomas  Lincoln  Casey,  brigadier-general  and  Chief 
of  Engineers,  as  part  of  this  report,  apiDroving  of  a  similar  bill. 


BRIDGE  ACROSS  THE  HUDSON  RIVER. 


5 


House  Report  No.  3167,  Fifty  first  Congress,  first  session. 

Mr.  Mason,  from  the  Committee  on  Commerce,  submitted  the  following 

REPORT: 

[To  accompany  H.  R.  10905.] 

The  Committee  on  Commerce,  to  whom  was  referred  the  bill-(H.  R. 
10905,)  granting  the  consent  of  the  United  States  Government  to  the 
erection  of  a  bridge  over  the  ^^orth  Kiver  by  the  Kew  York  and  New 
Jersey  Bridge  Company,  for  passenger  and  other  traffic  over  the  navi- 
gable waters  between  New  York  State  and  the  State  of  New  Jersey, 
would  respectfully  report  that  they  have  given  tbe  matter  careful  and 
painstaking  consideration,  have  heard  all  the  arguments  adduced  by 
the  parties  in  interest,  and  would  respectfully  recommend  that  the  same 
do  pass,  with  the  following  amendment  as  section  seven  : 

Sec.  7.  That  the  bridge  to  be  located  under  this  act  shall  not  be  located  within  one 
mile  of  any  other  bridge  already  located  under  authority  of  Congress  of  the  United 
States. 

This  is  a  bill  authorizing  the  New  York  and  New  Jersey  Bridge  Com- 
panies to  buil^l  a  bridge  across  the  Hudson  Eiver,  between  New  York 
City  aud  the  State  of  New  Jersey. 

The  said  New  York  and  New  Jersey  Bridge  Company  have  a  special 
charter  from  the  State  of  New  Jersey  by  an  act  known  as  chapter  520, 
of  the  laws  of  New  Jersey,  of  1868,  which  charter  was  to  become  a  law 
and  go  into  effect  from  the  time  that  the  State  of  New  York  should  grant 
a  similar  charter,  with  similar  power,  and  the  State  of  New  York  did 
grant  to  the  New  York  and  New  Jersey  Bridge  Company  similar  powers 
by  an  act  known  as  chapter  233,  of  the  laws  of  New  York,  of  1890,  in 
force  April  30, 1890,  and  the  said  company  has,  so  far  as  the  States  of 
New  York  and  New  Jersey  can  give  it,  authority  from  those  States  to 
erect  said  bridge,  and  that  commissioners  from  the  State  of  New  York 
have  met,  organized,  and  are  now  engaged  in  the  work  of  locating  said 
bridge,  and  performing  the  duties  prescribed  in  the  laws  of  New  York, 
and  only  need  the  act  of  Congress,  proposed  by  this  bill,  to  proceed  to 
building  said  bridge. 

This  bill  has  been  referred  to  the  Secretary  of  War,  and  is  favorably 
recommended  by  him,  and  there  can  be  no  objection  to  the  construction 
of  this  bridge,  so  far  as  navigation  is  concerned,  as  it  is  intended  and 
designed  to  be  a  suspension  or  cantalever  bridge,  entirely  out  of  the  way 
of  navigation  and  commerce,  and  the  height  is  left  to  be  fixed  by  the 
Secretary  of  War. 

The  committee  recommends  an  amendment  by  adding  section  7,  which 
provides  that  a  bridge  should  be  located  at  least  one  mile  distant  from 
any  other  bridge  already  located.  This  amendment  is  made  for  the 
reason  that  the  present  Congress  has  already  passed  a  bill  for  the  North 
Eiver  Bridge  Company,  authorizing  the  construction  of  a  similar  bridge 


6  .         BRIDGE  ACROSS  THE  HUDSON  RIVER. 


across  the  same  river,  and  olijectiou  has  been  made  to  the  granting  of 
this  right  to  build  a  bridge  on  the  ground  that  the  North  Eiver  Bridge 
Company  was  the  first  company  granted  that  right,  and  that  no  other 
charter  should  be  granted ;  your  committee,  however,  fail  to  see  any 
reason  for  refusing  to  one  company  what  has  already  been  granted  by 
this  Congress  to  another,  so  long  as  the  same  does  not  interfere  in  the 
least  with  navigation  and  commerce,  and  the  committee  sets  out  here- 
with, and  makes  a  part  of  its  report  the  said  charter. 

The  necessity  for  this  bridge  is  apparent  on  account  of  the  railroads 
which  have  their  terminus  at  Jersey  City,  Hoboken,  and  Weehawken, 
taking  an  interest  in  the  project  chartered  by  the  States  of  New  York 
and  New  Jersey,  some  of  which  have  subscribed  for  the  stock,  and  will 
become  directors  in  the  company. 

The  plans  are  such  that  assure  the  building  of  the  proposed  bridge ; 
because  the  grades  to  and  from  the  bridge,  at  the  depot  to  be  located 
within  the  central  part  of  the  city  of  New  York,  will  not  exceed  50  feet 
to  the  mile. 

It  has  been  shown  to  the  Committee  on  Commerce  that  over  60,000,000 
passengers  per  year  will  be  better  accommodated  by  having  the  depot 
for  all  the  roads  now  centering  upon  the  west  side  of  the  Hudson  Eiver 
within  the  oity  of  New  York,  and  which  would  obviate  the  danger  now 
experienced  from  ice  and  fog. 

The  commercial  interests  will  also  be  greatly  benefited.  In  fact,  the 
whole  country  will  be  benefited,  and  become  interested  in  the  enter- 
prise. 

Leading  men  from  both  the  States  of  New  York  and  New  Jersey  have 
been  appointed  commissioners,  and  are  now  at  work  in  apparent  good 
faith,  and  cash  subscriptions  are  now  being  made  for  the  construction  of 
the  bridge. 

The  structure  authorized  by  this  act  will  in  no  wise  conflict  with  or 
impair  the  interests  of  the  North  Eiver  Bridge  Company,  which  was 
chartered  by  said  bill  which  passed  the  Congress  of  the  United  States, 
but  is  in  all  respects  a  legitimate  enterprise  which  has  received  the 
sanction  of  the  two  States  and  should,  we  believe,  notwithstanding  the 
objections  of  parties  interested  in  the  said  North  Eiver  Bridge,  receive  the 
consent  of  Congress  as  a  matter  of  comity  to  the  two  States,  which  by 
legislative  enactment  have  authorized  the  incorporation  of  these  com- 
panies. 

Chapter  233,  of  the  laws  of  New  York,  incorporating  the  New  York 
and  New  Jersey  Bridge  Company,  is  in  these  words,  to  wit : 

iLaws  of  New  York.  By  authority.  Every  law,  nnless  a  different  time  shall  he  prescribed  therein, 
shall  commence  and  take  effect  throughout  the  State,  on  and  not  before  the  twentieth  day  after  the 
day  of  its  final  passage,  as  certifieii  by  the  Secretary  of  State.  Sec.  12,  title  4,  chap.  7,  jiart  1.  Re- 
vised Statutes.  ] 

Chap.  233. 

AN  ACT*  to  incorporate  the  New  York  and  New  Jersey  Bridge  Company,  for  the  purpos  e  of  con- 
structing and  maintaining  a  permanent  bridge  for  passenger  and  other  trafiio  over  the  waters  be- 
tween New  York  City  and  the  State  of  New  Jersey,  together  with  all  necessary  connections, 
appurtenances  and  approaches  thereto  and  stations. 

Tho  people  of  tlie  State  of  New  York,  jepresented  in  senate  and  assembly,  do  enact 
as  follows: 

Section  1.  All  persons  who  shall  become  stockholders  pursuant  to  this  act  shall  be 
and  they  are  hereby  incorporated  and  created  a  body  corporate  by  tho  name  of  tlie 
New  York  and  New  Jersey  Bridge  Company,  with  power  to  associate  with  any  other 
persons,  company,  association  or  corporation  in  the  United  States,  for  the  purpose  of 


*Became  a  law  without  the  approval  of  the  governor,  in  accordance  with  the  provisions  of  article 
four,  section  nine  of  the  Constitution,  April  30, 1890.   Passed,  three-fifths  being  present. 


BRIDGE  ACROSS  THE  HUDSON  RIVER. 


7 


constructing  and  maintaining  a  permanent  bridge,  for  passenger  and  other  traffic, 
over  the  waters  between  New  York  City  and  the  State  of  New  Jersey,  together  with 
all  necessary  appurtenances  and  approaches  thereto  and  stations,  and  in  case  of  de- 
struction, to  reconstruct  the  same. 

Par.  2.  The  capital  stock  of  said  corporation  shall  be  ten  million  dollars,  to  be 
divided  into  shares  of  one  hundred  dollars  each. 

Par.  3.  The  atfairs  of  said  corporation  shall  be  managed  by  a  board  of  thirteen  di- 
rectors, all  of  whom  shall  be  stockholders  of  tiie  corporation,  holding  at  least  ten  shares 
each;  and  after  the  first  election  said  directors  shall  be  chosen  annually  on  the  first 
Tuesday  in  June  in  each  year,  at  such  place  as  the  stockholders  may  direct,  and  upon 
such  notice  to  the  stockholders  as  a  majority  of  the  directors  may  appoint,  by  a  major- 
ity of  the  stockholders  voting  at  such  election,  in  person  or  by  proxy,  and  in  such 
manner  as  may  be  prescribed  by  the  by-laws  of  the  corporation,  and  such  directors 
shall  continue  to  be  directors  until  others  are  elected  in  their  places  ;  and  in  the  elec- 
tion of  directors,  and  in  every  other  case  wherein  a  vote  shall  be  submitted  to  the 
stockholders  and  a  poll  demanded,  such  stockholders  shall  be  entitled  to  one  vote, 
personally  or  by  proxy,  on  every  share  held  by  Mm*  for  at  least  thirty  days  previous 
to  any  such  election  or  vote  being  taken.  All  vacancies  which  shall  occur  in  the  board 
of  directors,  by  death,  resignation,  mental  incapacity,  or  otherwise,  shall  be  filled  by 
appointment  by  a  majority  of  the  remaining  members  for  the  balance  of  the  term  thus 
vacated.  A  majority  of  said  board  shall  at  all  times  form  and  constitute  a  quorum 
for  the  transaction  of  business. 

Par.  4.  The  directors  shall  have  power  to  make  all  reasonable  by-laws  and  rules 
consistent  with  general  laws  for  the  government  of  the  corporation  and  its  officers 
and  agents,  and  to  fix  such  rates  of  toll  for  the  use  of  the  said  bridge,  appurtenances, 
and  approaches  thereto,  and  stations;  and  from  time  to  time  change  the  same,  as 
they  may  deem  expedient,  subject  to  the  limitations  hereinafter  contained,  and  may 
require  from  stockholders  payment  of  all  sums  of  money  by  them  subscribed,  at  such 
time  and  in  such  proportions  as  may  be  deemed  proper,  under  the  penalty  of  a  forfeiture 
of  their  respective  shares,  and  all  payments  thereon,  first  giving  thirty  days'  previous 
notice  of  such  call  in  one  or  more  new^spapers  printed  in  the  city  of  New  York. 

Par.  5.  All  the  stockholders  under  this  act  shall  be  severally  and  individually 
liable  to  an  amount  equal  to  the  amount  unpaid  on  the  stock  held  by  them  respect- 
ively, for  all  debts  and  liabilities  of  such  corporation,  until  the  whole  amount  of  the 
capital  stock  so  held  by  said  stockholders,  respectively,  shall  have  been  paid,  and  a 
certificate  or  certificates  thereof  filed  in  the  office  of  the  clerk  of  the  county  of  N^ew 
York,  on  the  part  of  each  or  all  of  said  stockholders,  stating  that  the  respective 
amounts  of  each  have  been  paid. 

Par.  6.  The  stid  corporation  shall  possess  the  general  powers  and  privileges  and 
be  subject  to  the  restrictions  and  liabilities  prescribed  in  title  three  of  chapter  eight- 
een of  part  first  of  the  Revised  Statutes,  so  far  as  the  same  are  applicable  thereto. 
But  all  railroads  desiring  to  connect  with  said  bridge  shall  have  equal  rights  of 
transit  for  their  passengers  and  freight  upon  the  same  equal  and  equitable  terms. 

Par.  7.  The  said  corporation  is  hereby  empowered  to  purchase,  acquire,  receive, 
hold,  and  use  such  real  estate  or  interest  therein  as  may  be  necessary  and  convenient 
in  accomplishing  the  object  for  which  this  charter  is  granted,  and  shall  have  the 
power  to  locate  and  construct  the  necessary  connections  to  and  for  railroads  to  con- 
nect therewith;  but  nothing  in  this  act  contained  shall  authorize  said  bridge*  com- 
pany to  lay  down  railroad  tracks  ;  but  said  corporation  may,  by  its  surveyors,  engi- 
neers, agents,  or  officers,  enter  upon  such  real  estate,  sites,  and  locations  and  take  pos- 
session of  the  same,  except  any  public  park  or  surface  of  any  street  or  avenue  in  said 
city.  All  such  real  estate,  sites,  and  locations  as  shall  be  entered  upon  as  aforesaid 
shall,  except  conations,  be  purchased  of  the  owner  or  owners  at  a  price  to  be  mutu- 
ally agreed  upon.  In  case  any  such  corporation  can  not  agree  with  the  owner  or 
owners  of  any  such  real  estate,  or  of  any  interest  therein,  within  the  boundaries  of 
the  State  of  New  York,  it  shall  have  the  right  to  acquire  title  to  the  same  in  the 
manner  aud  by  special  proceedings  prescribed  in  this  act. 

Par.  8.  For  the  purpose  of  acquiring  such  title  the  said  corporation  may  present  a 
petition,  praying  for  the  appointment  of  commissioners  of  appraisal  to  the  supreme 
court  at  any  general  or  special  term  thereof  held  in  the  judicial  district  in  which  the 
real  estate  described  in  the  petition  is  situated.  Such  petition  shall  be  signed  and 
verified  according  to  the  rules  and  practice  of  such  court.  It  must  contain  a  descrip- 
tion of  the  real  estate  which  the  corporation  seeks  to  acquire;  and  it  must,  in  eftect, 
state  that  the  corporation  is  duly  incorporated,  and  that  it  is  the  intention  of  the  in- 
corporation, in  good  faith,  to  construct  and  finish  a  bridge  over  the  waters  between 
New  York  City  and  the  State  of  New  Jersey,  with  appurtenances  aud  approaches 
thereto  and  stations ;  that  at  least  three  hundred  thousand  dollars  of  the  capital  stock 
of  said  corporation  has  been  in  good  faith  subscribed  for  ;  that  the  laud  described  in 


*  So  in  the  original. 


8  BRIDGE  ACROSS  THE  HUDSON  RIVER. 


the  petition  is  required  for  tlie  purpose  of  constructinoj  or  operating  tlie  proposed 
bridge,  appurtenances  and  approaches  thereto,  and  stations ;  and  that  the  corporation 
has  not  been  able  to  acquire  title  thereto,  and  the  reason  of  such  inability.  The  peti- 
tion must  also  state  the  names  and  places  of  residence  of  the  parties,  so  far  as  the  same 
can  by  reasonable  diligence  be  ascertained,  who  own  or  have,  or  who  claim  to  own  or 
have,  estate  or  interest  in  the  said  real  estates ;  and  if  any  such  persons  are  infants, 
their  ages,  as  near  as  may  be,  must  be  stated  ;  and  if  any  such  persons  are  idiots  or 
persons  of  unsound  mind,  or  are  unknown,  that  fact  must  be  stated,  together  with 
such  other  allegations  and  statements  of  liens  or  incumbrances  on  said  real  estate  as 
the  corporation  may  see  fit  to  make.  A  copy  of  such  petition,  with  a  notice  of  the 
time  and  place  the  same  will  be  presented  to  the  supreme  court,  must  be  served  on 
all  persons  whose  interests  are  to  be  affected  by  the  proceedings  at  least  ten  days 
prior  to  the  presentation  of  the  same  to  the  said  court. 

Par.  9.  On  presenting  such  petition  to  the  supreme  court  as  aforesaid,  with  proof 
of  service  of  a  copy  thereof,  and  notice  as  aforesaid,  ail  persons  whose  estates  or  in- 
terests are  to  be  affected  by  the  proceedings,  may  show  cause  against  granting  the 
prayer  of  the  petition,  and  may  disprove  any  of  the  facts  aHeged  in  it.  The  court 
shall  hear  the  proofs  and  all  allegations  of  the  parties,  and  if  no  sufficient  cause  is 
shown  against  granting  the  prayer  of  the  petition,  it  shall  make  an  order  for  the  ap- 
pointment of  five  disinterested  and  competent  persons,  who  shall  be  free-holders  and 
reside  in  the  county  where  the  premises  to  be  appraised  are  situated,  commissioners 
to  ascertain  and  appraise  the  compensation  to  be  made  to  the  owners  or  persons  inter- 
ested in  the  real  estate  proposed  to  be  taken  in  such  county  for  the  purposes  of  the 
corporation,  and  to  fix  the  time  and  place  for  the  first  meeting  of  such  commissioners. 

Par.  10.  The  commissioners  shall  take  and  subscribe  the  oath  prescribed  by  the 
twelfth  article  of  the  constitution.  Any  one  of  them  may  issue  subpoenas,  adminis- 
ter oaths  to  witnesses,  and  any  three  of  them  may  adjourn  the  proceedings  before 
them  from  time  to  time  in  their  discretion.  Whenever  they  meet,  except  by  the  ap- 
pointment of  the  court  or  pursuant  to  adjournment,  they  shall  cause  reasonable  notice 
of  such  meetings  to  be  given  to  the  parties  who  are  to  be  affected  by  their  proceed- 
ings or  their  attorney  or  agent.  They  shall  view  the  premises  described  in  the  peti- 
tion and  hear  the  proofs  and  allegations  of  the  parties  and  reduce  the  testimony,  if 
any  is  taken  by  them,  to  writing ;  and  after  the  testimony  is  closed  in  each  case,  and 
without  any  unnecessary  delay  and  before  proceeding  to  the  examination  of  any  other 
claim,  a  majority  of  them  all  being  present  and  acting,  shall  ascertain  and  determine 
the  compensation  which  ought  justly  to  be  made  by  the  corporation  to  the  party  or 
parties  owning  or  interested  in  the  real  estate  appraised  by  them  ;  and  in  determin- 
ing the  amount  of  such  compensation  they  shall  not  make  an  allowance  or  deduction 
on  account  of  any  real  or  supposed  benefit  which  the  party  in  interest  may  derive 
from  the  construction  of  the  proposed  bridge,  appurtenances,  or  approaches  thereto,  or 
stations.  They,  or  a  majority  of  them,  shall  also  determine  and  certify  what  sum 
ought  to  be  paid  to  a  general  or  special  guardian  or  committee  of  an  infant,  idiot,  or 
person  of  unsound  mind,  or  to  an  attorney  appointed  by  the  court  to  attend  to  the 
interest  of  any  unknown  owner  or  party  in  interest  not  personally  served  with  notice 
of  the  proceedings,  and  who  has  not  appeared,  for  costs,  expenses,  and  counsel  fees. 
They  shall  make  a  report  to  the  supreme  court,  signed  by  them  or  a  majority  of  them, 
of  the  proceedings  before  them,  with  the  minutes  of  the  testimony  taken  by  them,  if 
any.  Said  commissioners  shall  be  entitled  to  three  dollars  for  their  expenses  and 
services  for  each  day  they  are  engaged  in  the  performance  of  their  dHities,  to  be  paid 
by  the  corporation. 

Par.  11.  On  such  report  being  made  by  said  commissioners  the  corporation  shall 
give  notice  to  the  parties  or  their  attorneys  to  be  affected  by  the  proceedings,  accord 
ing  to  the  rules  and  practice  of  said  court,  at  a  general  or  special  term  thereof  for  the 
confirmation  of  such  report,  and  the  court  shall  thereupon  confirm  such  report,  and 
shall  make  an  order  containing  a  recital  of  the  substance  of  the  proceedings  in  the 
matter  of  the  appraisal  and  a  description  of  the  real  estate  appraised  for  which  com- 
pensation is  to  be  made,  and  shall  also  direct  to  whom  the  money  is  to  be  paid,  or  in 
what  bank  and  in  what  manner  it  shall  be  deposited  by  the  corporation. 

Par.  12.  A  certified  copy  of  the  order  so  to  be  made,  as  aforesaid,  shall  be  recorded 
at  full  length  in  the  Qlerk's  office  of  the  county  in  which  the  land  described  in  it  is 
situated  ;  and  thereupon  and  on  the  payment  and  deposit  by  the  corporation  of  the 
sums  to  be  paid  as  compensation  for  the  land,  and  for  costs,  expenses,  and  counsel 
fees,  as  aforesaid,  and  as  directed  by  said  order,  with  interest  from  the  date  thereof, 
the  cor[)ovation  shall  be  entitled  to  enter  upon,  take  possession  of,  and  use  the  said 
laud  for  the  purpose  of  its  incorporation,  during  the  continuance  of  its  corporate 
existence,  by  virtue  of  this  or  any  other  act ;  and  all  persons  who  have  been  made 
parties  to  the  proceedings  shall  be  divested  and  barred  of  all  right,  estate,  and  interest 
in  such  real  estate,  during  the  corporate  existence  of  the  corporation,  as  aforesaid.  If 
the  corporation  shall  neglect  to  have  such  order  recorded,  and  to  make  the  payment  or 


BRIDGE  ACROSS  THE  HUDSON  RIVER. 


9 


deposit  as  herein  provided,  for  the  period  of  ten  days  after  the  date  of  such  order,  any 
party  to  such  proceedings,  and  interested  therein,  may,  at  his  election,  cause  a  cer- 
tified copy  of  the  said  order  to  be  recorded  as  aforesaid,  and  thereupon  the  moneys 
therein  directed  to  be  paid,  with  interest  thereon  from  the  date  of  said  order,  shall  be 
a  debt  against  the  corporation,  and  the  same  shall  be  a  lien  on  such  real  estate,  and 
may  bo  enforced  and  collected  by  action  at  law  or  in  equity  in  the  supreme  court 
with  costs.  All  real  estate  acquired  by  this  corporation  under  and  pursuant  to  the 
provisions  of  this  act,  for  the  purposes  of  its  incorporation,  shall  be  deemed  to  be 
acquired  for  public  use.  Within  twenty  days  after  the  confirmation  of  the  report  of 
the  commissioners,  as  provided  for  in  the  eleveath  section  of  this  act,  either  party 
may  appeal,  by  notice  in  writing  to  the  other,  to  the  supreme  court,  from  the  ap- 
praisal and  report  of  the  commissioners.  Such  appeal  shall  be  heard  by  the  supreme 
court  at  any  general  or  special  term  thereof,  on  such  notice  thereof  being  given  ac- 
cording to  the  rules  and  practice  of  said  court.  On  the  hearing  of  such  appeal  the 
court  may  direct  a  new  appraisal  before  the  same  or  new  commissioners,  in  its  discre- 
tion. The  second  report  shall  be  final  and  conclusive  on  all  the  parties  interested. 
If  the  amount  of  the  compensation  to  be  made  by  the  corporation  is  increased  by  the 
second  report,  the  difi'erence  shall  be  a  lien  on  the  land  appraised,  and  shall  be  paid 
by  the  corporation  to  the  parties  entitled  to  the  same,  or  shall  be  deposited  in  the 
bank,  as  the  court  shall  direct;  and  if  the  amount  is  diminished,  the  difterence  shall 
be  refunded  to  the  corporation  by  the  party  to  whom  the  same  may  have  been  paid  ; 
and  judgment  thereof  may  be  rendered  by  the  court  on  the  filing  of  the  second  report 
against  the  party  liable  to  pay  the  same.  Such  appeal  shall  not  affect  the  possession 
by  such  corporation  of  the  land  appraised ;  and  when  the  same  is  made  by  others  than 
the  corporation,  it  shall  not  be  heard,  except  on  a  stipulatioa  of  the  party  appealing 
not  to  disturb  such  possession. 

Par.  13.  If  there  are  adverse  and  conflicting  claimants  to  the  money,  or  any  part 
of  it,  to  be  paid  as  a  compensation  for  the  real  estate  taken,  the  court  may  direct  the 
money  to  be  paid  into  said  court  by  the  corporation,  and  may  determine  who  is  en- 
titled to  the  same,  and  direct  to  whom  the  same  shall  be  paid  ;  and  may,  in  its  dis- 
cretion order  a  reference  to  ascertain  the  facts  on  which  such  determination  and  order 
are  to  be  made.  The  court  shall  appoint  some  competent  attorney  to  appear  for  and 
protect  the  rights  of  any  party  in  interest  who  is  unknown,  or  whose  residence  is 
unknown,  and  who  has  not  appeared  in  the  proceedings  by  an  attorney  or  agent. 
The  court  shall  also  have  power  at  any  time  to  amend  any  defect  or  informality  in 
any  of  the  special  proceedings  authorized  by  this  act  as  may  be  necessary,  or  to  cause 
new  parties  to  be  added,  and  to  direct  such  further  notices  to  be  given  to  any  party 
in  interest  as  it  deems  it  proper ;  and  also  to  appoint  other  commissioners  in  the 
place  of  any  ^ho  shall  die,  or  refuse  or  neglect  to  serve,  or  be  incapable  of  serving. 

Par.  14.  If  at  any  time,  after  an  attempt  to  acquire  title  by  appraisal  of  damages, 
or  otherwise,  it  shall  be  found  that  the  title  thereby  attempted  to  be  acquired  is  de- 
fective, the  corporation  may  proceed  anew  to  acquire  or  perfect  such  title  in  the 
same  manner  as  if  no  appraisal  had  been  made ;  and  at  any  stage  of  such  new  pro- 
ceedings the  court  may  authorize  the  corporation,  if  in  possession  to  continue  in 
possession,  and  if  not  in  possession  to  take  possession  and  use  such  real  estate  during 
the  pendency  and  until  the  final  conclusion  of  such  new  proceedings ;  and  may  stay 
all  actions  or  proceedings  against  the  corporation  on  account  thereof  on  such  cor- 
poration paying  into  court  a  sufficient  sum,  or  giving  security,  as  the  court  may  direct, 
to  pay  the  compensation  therefor  when  finally  ascertained  ;  and  in  every  such  case 
the  party  interested  in  such  real  estate  may  conduct  the  proceedings  to  a  conclusion 
if  the  corporation  delays  or  omits  to  prosecute  the  same. 

Par.  15.  In  case  any  title  or  interest  in  real  estate  required  by  said  corporation  for 
the  purpose  of  its  incorporation  shall  be  vested  in  any  trustee  not  authorized  to  sell, 
release,  and  convey  the  same,  or  in  any  infant,  idiot,  or  person  of  unsound  mind,  the 
supreme  court  shall  have  power,  by  a  summary  proceeding:  on  petition,  to  authorize 
and  empower  such  trustee,  or  the  general  guardian  or  committee  or  such  infiint,  idiot, 
or  person  of  unsound  mind,  to  sell  and  convey  the  same  to  such  corporation,  for  the 
purposes  of  its  incorporation,  on  such  terms  as  may  be  just ;  and  in  case  any  such  in- 
fant, idiot,  or  person  of  unsound  mind  has  no  general  guardian  or  committee,  the 
said  court  may  appoint  a  special  guardian  or  committee  for  the  purpose  of  making 
such  sale,  release,  or  conveyance,  and  may  require  such  security  from  such  general  or 
special  guardian  or  committee|as  said  court  may  deem  proper ;  but  before  any  convey- 
ance or  release  authorized  by  this  section  shall  be  executed  the  terms  on  which  the 
same  is  to  be  executed  shall' be  reported  to  the  court  on  oath,  and  if  the  court  is  satis- 
fied that  such  terms  are  just  to  the  party  interested  in  such  real  estate  the  court  shall 
confirm  the  report  and  direct  the  proper  conveyance  or  release  to  be  executed,  which 
shall  have  the  same  eftect  as  if  executed  by  an  owner  of  said  land  having  legal  power 
to  sell  and  convey  the  same. 

Par.  16.  The  said  corporation  is  hereby  empowered  to  merge  and  consolidate  its  cap- 
ital stock,  franchises,  and  property  with  the  capital  stock,  franchises,  and  property  oi 


10 


BRIDGE  ACROSS  THE  HUDSON  RIVER. 


any  other  corporation  or  corporations,  and  for  such  purpose  shali  possess  tho  general 
powers  and  privileges  and  be  subject  to  the  restrictions  and  liabilities  prescribed  in  the 
act  entitled  "An  act  authorizing  the  consolidation  of  certain  railroad  companies," 
passed  May  twentieth,  eighteen  hundred  and  sixty-nine,  and  any  act  or  acts  amending 
or  extending  the  same,  so  far  as  the  same  are  applicable  thereto,  except  as  x)rovided  in 
section  seven  of  this  apt;  and  said  corporation  shall  farther  have  the  power  to  lease 
the  said  bridge,  appurtenances,  and  approaches  thereto,  and  stations,  to  any  char- 
tered corporation  for  such  time  and  on  such  terms  as  may  be  agreed  upon. 

Par.  17.  The  said  corporation  or  the  new  corporation,  in  case  of  consolidation  with 
any  other  corporation  or  corporations,  shall  have  the  power,  from  time  to  time,  to 
borrow  such  sums  of  money  as  may  be  necessary  for  constructing  and  completing 
and  maintaining  the  said  bridge,  appurtenances,  and  approaches  thereto,  and  stations, 
and  for  acquiring  the  necessary  real  estate  for  the  site  thereof,  the  necessary  stations, 
buildings,  and  appurtenances  thereof  and  the  approaches  thereto,  and  to  mortgage 
its  corporate  property  and  franchises  and  issue  its  bonds  to  secure  or  provide  for  the 
payment  of  any  debt  which  shall  be  contracted  by  such  corporation  for  the  purposes 
aforesaid ;  and  it  shall  be  lawful  for  any  corporation  chartered  by  the  legislature  of 
this  State  or  by  any  other  State  to  loan  its  credit  to  the  corporation  hereby  created, 
or  to  subscribe  to  become  the  owner  of  the  stock  thereof,  in  like  manner  and  with  like 
rights  as  individuals.  Any  corporation  or  corporations  haviug  entered  into  such 
lease  and  agreed  for  the  loan  of  its  or  their  credit  for  that  object  by  direct  guaranty, 
or  traffic,  or  otherwise,  the  said  corporation  hereby  chartered,  or  the  new  corporation 
in  the  case  of  consolidation,  may  issue  bonds,  which  shall  bear  the  credit  or  guaranty 
of  said  corporation  or  cori3orations,  to  an  amount  not  exceeding  thirty  millions  of 
dollars,  which  will  have  the  same  charge  and  effect  upon  the  undertaking  and  prop- 
erty, and  to  the  same  extent,  as  if  secured  by  way  of  mortgage,  as  in  this  section  pro- 
vided. 

Par.  18.  The  said  corporation,  or  corporations  being  lessee,  shall  have  the  right  to 
charge  such  fair  compensation  lor  the  use  of  the  bridge  and  the  appurtenances  and 
approaches  thereto  and  stations  by  the  corporations,  or  by  uny  company  whose  bus- 
iness shall  pass  over  the  same,  as  shall  be  found  requisite  to  enable  them  to  pay, 
first,  all  the  expense  of  keeping  the  bridge,  appurtenances,  and  approaches  thereto 
and  stations  in  repair,  taxes  and  interest  upon  the  money  borrowed  for  the  construc- 
tion or  maintenance  thereof,  and  dividends  not  exceeding  ten  per  centum  upon 
capital  stock,  and  such  additional  sum  as  will  furnish  a  sinking  fund  in  each  year 
not  to  exceed  five  per  centum  of  the  amount  of  the  bonded  debt,  for  the  purposes 
of  gradually  extinguishing  the  same,  and  the  deficiencies  of  toll  shall*  supj)ly  all  the 
expenses  of  keeping  the  bridge,  appurtenances,  an  J  approaches  thereto,  and  stations 
in  repair,  taxes  and  interest  upon  the  money  borrowed  for  the  construction  thereof 
in  any  one  year  may  be  charged  and  collected  in  any  subsequent  year. 

Par.  19.  The  governor  of  the  State  of  New  York  and  the  mayor  of  the  city  of  New 
York  shall,  within  thirty  days  after  this  act  shall  have  been  passed  and  become  a  law, 
each  appoint  a  person,  who,  together  with  Andrew  H.  Green,  Frank  K.  Hain,  and 
Charles  M.  Vail,  of  the  city  of  New  York  and  State  of  New  York,  or  the  successors 
of  any  of  them,  axipointedas  hereinafter  provided,  shall  be  commissioners,  who,  or  a 
majority  of  them,  all  being  present  and  acting,  shall^as  soon  after  their  appointment 
as  they  may  deem  expedient  have  power  to  locate  said  bridge,  appurtenances  and  ap- 
proaches thereto  and  stations,  which  location  shall  not  be  changed,  except  by,  and 
with  the  consent  of  a  majority  of  the  five  commissioners  so  appointed  and  named,  or 
their  successors,  and  appoint  some  suitable  place  in  the  city  of  New  York  to  open 
the  books  and  receive  subscriptions  to  the  capital  stock  of  said  corporation,  of  which 
two  weeks'  public  notice  shall  be  given  in  at  least  one  of  the  newspapers  published 
in  the  county  of  New  York ;  and  said  commissioners  by  majority  vote  may  adjourn 
from  time  to  time  as  they  may  deem  proper,  and  open  the  books  for  further  subscrip- 
tions, until  the  sum  of  $300,000  shall  have  been  subscribed  in  the  capital  stock,  andnn 
case  of  an  excess  of  subscribers  they  may,  by  a  majority  vote,  apportion  the  stock 
among  the  subscribers  in  such  manner  as  they  may  deem  most  likely  to  promote  the 
interest  of  the  corporation  hereby  created,  by  or  in  the  speedy  erection  and  construc- 
tion of  said  bridge,  appurtenances,  and  approaches  thereto  and  stations.  Each  com- 
missioner shall  be  paid  for  his  services  at  the  rate  of  $10  per  day  for  each  day  of 
actual  service  as  such  commissioner,  to  be  paid  by  the  corporation  organized  hereby  or 
hereunder,  and  said  corporation  shall  also  pay  the  necessary  disbursements  incurred 
by  said  commissioners  in  the  performance  of  their  duties.  In  case  of  death,  resig- 
nation, or  removal  for  cause  or  failure  to  qualify  of  any  of  said  commissioners  or  their 
successors,  the  governor  shall  appoint  a  successor  in  his  place  and  stead,  and  the 
governor  shalWecide  upon  the  removal  of  any  of  said  commissioners  or  their  saccess- 
ors  on  charges  preferred  by  the  directors  of  the  corporation,  after  due  hearing. 


So  in  the  original. 


BRIDGE  ACROSS  THE  HUDSON  RIVER. 


11 


Par.  20.  The  sum  of  |10  upon  each  share  of  stock  so  subscribed  for  shall  be  paid  to 
the  commissioners  attendin^^  at  the  time  of  making  such  subscription,  which  shall  be 
held  for  the  purpose  of  the  corporation,  and  shall  be  paid  to  the  directors  for  such 
purposes  upon  the  election,  as  hereinafter  provided ;  except  in  respect  to  such  sub- 
scriptions as  the  commissioners  shall  have  excluded,  in  which  case  the  said  sums  so 
paid  in  respect  to  excluded  subscriptions  shall  be  returned  by  the  commissioners  to 
the  person  or  persons  who  shall  have  paid  the  same. 

Par.  21.  As  soon  as  the  sum  of  $300,000  in  the  capital  stock  shall  have  been  duly- 
subscribed,  and  the  approbation  of  the  commissioners  shall  have  been  obtained,  they, 
or  a  majority  of  them,  shall  give  two  weeks'  notice  in  two  public  newspapers  pub- 
lished in  the  county  of  New  York  of  a  meeting  of  the  stockholders  to  choose  directors, 
and  the  said  commissioners,  or  a  majority  of  them,  shall  attend  and  shall  preside  at 
the  hrst  election,  and  such  election  shall  be  made  at  the  time  and  place  appointed  by 
the  commissioners  in  their  notice  by  such  of  the  stockholders  as  shall  be  present  in  per- 
son or  by  proxy,  and  the  said  commissioners  so  presiding  shall  under  their  hands  certify 
the  names  of  the  directors  so  elected,  and  shall  appoint  the  time  and  place  of  the  first 
meeting  of  the  board  of  directors ;  and  at  such  first  meeting,  and  as  soon  as  a  majority 
of  the  said  directors  shall  be  present,  the  commissioners  shall  deliver  over  the  sub- 
scription money,  books,  and  papers  to  the  directors,  whereupon  the  duties  of  the  said 
commissioners  shall  cease,  and  they  shall  stand  discharged  of  their  duties  under  this 
act,  except  so  far  as  pertains  to  the  location  of  said  bridge,  appurtenances,  and 
approaches  thereto,  and  stations,  or  changing  the  same,  and  the  approval  of  plans  and 
dimensions  of  said  bridge,  appurtenances  and  approaches  thereto,  and  stations  as 
herein  provided. 

Par.  22.  The  officers  of  the  corporation  hereby  created  shall  consist  of  a  president, 
vice-president,  secretary,  treasurer,  and  chief  engineer,  who  shall  be  elected  by  the 
board  of  directors  at  their  first  meeting,  and  after  every  annual  election  of  directors 
thereafter,  of  which  board  the  president  and  vice-i)resident  shall  be  members,  and 
such  committees  as  may  be  appointed,  as  well  as  subordinate  ofiicers,  and  such  secur- 
ity required  from  the  officers  as  the  said  board  of  directors  may  deem  necessary  and 
proper. 

Par.  2.3.  The  directors  of  the  corporation  hereby  created  may  issue  full-paid  stock 
for  the  purpose  of  purchasing  property,  both  real  and  personal,  necessary  for  the  pur- 
poses of  the  corporation,  to  the  amount  of  the  value  thereof,  and  may  also  issue  full- 
paid  stock  for  work,  Isibor,  and  services  performed,  or  materials  furnished  to  said  cor- 
poration for  the  uses  and  purposes  thereof,  to  the  amount  of  the  value  thereof,  and 
the  stock  so  issued  shall  not  be  liable  to  any  further  assessments,  neither  shall  the 
holders  thereof  be  liable  for  any  other  payments  on  such  stock,  under  the  provisions 
of  this  act,  but  in  all  statements  and  reports  of  the  corporation  hereby  created,  to  be 
published,  such  stock  shall  not  be  stated  or  reported  as  being  paid  for  in  cash  to  the 
corporation,  but  shall  be  stated  and  reported  according  to  the  fact. 

Par.  24.  The  said  bridge  shall  be  constructed  with  a  single  span  over  the  entire 
river  between  towers  or  piers,  located  between  the  shore  and  the  existing  pier-head 
lines  in  either  State  ;  and  the  bridge  shall  be  constructed  at  an  elevation  of  at  least 
one  hundred  and  forty-five  feet  in  the  clear  above  the  level  of  the  mean  high  water  at 
the  towers  or  piers  of  the  bridge,  and  one  hundred  and  fifty-five  feet  above  the  same 
level  at  the  center  of  the  main  span,  and  these  heights  shall  be  exclusive  of  the  de- 
flection of  the  superstructure  from  loads  or  temperature  effects  ;  and  no  pier  or  tower 
or  other  obstruction  of  a  permanent  character  shall  be  placed  or  built  in  the  river 
between  said  towers  or  piers  under  this  act.  All  other  dimensions  of  said  bridge,  ap- 
purtenances and  approaches  thereto,  and  stations,  shall  be  fixed  and  determined  by 
the  commissioners  appointed  under  and  named  by  the  nineteenth  section  of  this  act, 
or  their  successors,  or  a  majority  thereof. 

Par.  25.  From  sunset  to  sunrise  suitable  signal  lights  shall  be  set  and  maintained 
upon  said  bridge  to  guide  and  direct  ai)proaching  vessels. 

Par.  26.  The  terminus  of  said  bridge  in  the  city  of  New  York  shall  not  be  below 
Tenth  street  nor  above  One  Hundred  and  Eighty-first  street,  in  said  city. 

Par.  27.  Said  bridge  shall  be  commenced  on  or  before  January  first,  eighteen  hun- 
dred and  ninety-two,  and  shall  be  completed  and  opened  for  use  on  or  before  January 
first,  eighteen  hundred  and  ninety-seven. 

Par.  28.  This  act  shall  take  effect  immediately. 

State  of  New  York,  Office  of  the  Secretary  of  State,  as  : 

I  have  compared  the  preceding  with  the  original  law  on  file  in  this  office,  and  do 
hereby  certify  that  the  same  is  a  corrert  transcript  therefrom  and  of  the  whole  of  said 
original  law. 

Frank  Rice, 

Secretary  of  State. 

H.  Rep.  3  5§ 


12 


BRIDGE  ACROSS  THE  HUDSON  RIVER. 


The  two  acts  of  the  State  of  New  Jersey,  which  taken  together  your 
committee  believes  to  convey  sufficient  State  authority,  are  in  these 
words,  to  wit : 

iLavrs  of  New  Jersey.   By  authority.l 
Chapter  DXX. 
AN  ACT  to  incorporate  the  New  York  and  New  Jersey  Bridge  Company. 

Be  it  enacted  hij  tlie  senate  and  general  assembly  of  the  State  of  New  Jersey,  That  Rod- 
raau  M.  Price,  Delos  E.  Culver,  Nathaniel  Dole,  Augustas  O.  Evans,  Noah  D.  Taylor, 
Henry  C.  Smith,  Thomas  J3.  Decker,  Leon  Abbett,  J.  Otto  Seymour,  John  T.  Dater, 
Cornelius  Lydecker,  Henry  G.  Hering,  John  GoldthroiJ,  and  John  Hopper,  be,  and 
they  are  hereby,  appointed  commissioners  on  the  part  of  this  State,  who,  with  com- 
missioners to  be  appointed  by  the  State  of  New  York,  shall  be  authorized  to  receive 
subscriptions  to  the  capital  stock  hereby  created,  at  such  time  or  times,  place  or 
places  as  they  or  a  majority  of  them  may  direct,  giving  notice  thereof  in  a  newspaper 
printed  in  tlie  city  of  New  York,  and  in  the  newspapers  printed  in  the  ctDunty  of 
Hudson,  in  this  State,  for  at  least  twenty  days,  of  the  time  or  times  and  place  or 
places  when  and  where  the  said  subscriptions  shall  be  received,  and  at  the  time  of 
subscribing  for  the  said  stock  five  dollars  ($5.00)  shall  be  paid  upon  each  share  sub- 
scribed for  to  the  commissioners  or  some  one  of  them,  which  money  shall  be  paid  over 
to  the  treasurer  of  said  company  aS  soon  as  one  shall  be  appointed,  and  that  the  residue 
of  said  subscriptions  shall  be  paid  in  such  installments,  and  at  such  times  or  places, 
and  to  such  persons  as  the  president  and  directors  of  the  company  shall  from  time  to 
time  direct,  and  give  public  notice  of ;  and  upon  the  failure  of  payment  thereof,  as  so 
directed,  for  thirty  days  thereafter,  the  said  president  and  directors  shall  have  power 
to  forfeit  the  shares  of  each  and  every  person  so  failing  to  pay  the  said  installments, 
or  any  of  them,  and  for  the  use  of  said  company,  provided  that  the  books  of  sub- 
scription shall  be  kept  open  for  three  days  at  least,  and  if  the  number  of  shares  sub- 
scriljed  for  shall  exceed  this  amount,  or  number  of  shares  authorized  by  this  act  to 
be  subscribed  for,  that  then  the  said  commissioners  shall  apportion  the  said  stock 
among  such  subscribers  in  proportion  to  the  amount  or  number  of  shares  by  them 
subscribed  as  aforesaid. 

2.  And  he  it  enacted,  That  the  capital  stock  of  said  company  shall  be  two  millions  of 
dollars,  divided  into  shares  of  one  hundred  dollars  each  with  the  privilege  to  increase 
the  same  to  five  million  dollars  ;  and  the  said  shares  shall  be  deemed  and  considered 
personal  property,  and  may  be  transferred  in  such  manner  as  shall  be  prescribed  by 
the  by-laws  of  said  company,  and  the  said  company  shall  have  power  to  borrow 
money  from  time  to  time  and  to  issue  bonds  to  an  amount  not  exceeding  five  million 
dollars,  and  to  secure  the  payment  of  the  same  by  mortgage  of  the  property  of  the 
company  or  otherwise. 

3.  And  he  it  enacted,  That  when  ten  thousand  shares  are  subscribed  for  and  paid  up, 
the  persons  holding  the  saux^  shall  be  and  they  hereby  are  incorporated  into  a  com- 
pany by  the  name  of  '*  The  New  York,  and  New  Jersey  Bridge  Company,"  and  by  that 
name  shall  have  perpetual  succession  and  all  the  privileges  and  franchises  incident 
to  a  corporation  and  shall  be  capable  of  taking  and  holding  their  capital  stock,  and 
the  increase  and  profits  thereof,  and  of  enlarging  the  same  from  time  to  time  by  new 
subscriptions  in  such  manner  and  form  as  they  shall  think  proper,  if  such  enlarge- 
ment should  be  found  necessary  to  fulfill  the  intent  of  this  act :  Provided,  Such  in- 
crease does  not,  with  the  original  subscription,  exceed  the  amount  of  five  millions  of 
dollars. 

4.  And  he  it  enacted,  That  when  ten  thousand  shares  of  the  said  capital  stock  shall 
be  subscribed  and  paid  for  as  aforesaid,  it  shall  be  the  duty  of  the  commissioners  to 
give  notice  in  one  or  more  of  the  newspapers  printed  in  the  city  of  New  York,  and  in 
the  newspapers  printed  in  the  county  of  Hudson,  in  this  State,  of  the  time  of  a  meet- 
ing of  the  stockholders  in  Jersey  City,  in  the  county  of  Hudson,  not  less  than  thirty 
days  from  the  time  of  issuing  the  said  notice,  at  which  time  and  place  the  said  stock- 
holders shall  proceed  to  organize  the  said  company,  and  shall  choose  by  ballot  thir- 
teen directors  who  shall  hold  their  offices  until  the  second  Tuesday  of  the  month  of  May 
next  succeeding  the  date  of  their  election,  and  thereafter  the  stockholders  shall  meet 
on  the  second  Tuesday  of  May  in  every  year,  at  such  place  as  shall  be  fixed  by  the 
by-laws  of  said  company,  and  shall  choose  by  ballot  thirteen  directors,  who  shall 
hold  their  office  for  the  ensuing  year,  and  each  share  shall  be  entitled  to  one  vote, 
but  if  it  should  happen  that  an  election  of  directors  should  not  be  held  at  the  time  so 
appointed  for  the  holding  thereof,  or  at  the  time  apiioiuted  for  t  he  holding  of  any  subse- 
quent election,  the  said  company  shall  not  for  that  cause  be  deemed  to  bo  dissolved,  and 
Bucb  electron  shall  be  held  at  such  other  t  ime  and  place  as  the  board  for  the  time  being 


BRIDGE  ACROSS  THE  HUDSON  RIVER. 

shall  or  may  appoiut,  aud  the  directors  for  the  time  being  shall  continue  in  office  until 
new  ones  shall  be  elected  in  their  stead,  and  every  board  of  directors,  as  soon  asconven-  ^ 
iently  may  be  after  their  election,  shall  appoint  from  their  number  a  president,  vice- 
president,  a  secretary  and  treasurer  of  said  company,  to  serve  until  the  then  next  annual 
election  of  directors,  and  until  others  shall  be  appointed  in  their  stead,  and  the  l)oard 
of  directors,  or  a  majority  of  them,  shall  have  the  power  to  make,  prescribe,  and  to 
alter  such  by-laws,  rules,  and  regulations  of  said  company  as  to  them  shall  appear 
needful  and  proper  and  not  contrary  to  the  laws  or  constitution  of  this  State,  the 
State  of  New  York,  or  of  the  United  States,  and  shall  have  poVver  to  appoint  such  of- 
ficers, clerks,  and  servants  as  to  them  shall  seem  necessary,  and  to  establish  and  i\x  V 
such  salaries  thereto  as  to  them  shall  seem  proper. 

5.  And  he  it  enacted,  That  the  said  company  shall  have  the  power  to  erect,  construct, 
and  maintain  a  permanent  bridge  over  the  Hudson  River,  and  construct  and  operate 
a  railroad  over  the  same  between  some  suitable  point  in  the  city  of  New  York  and  a 
point  north  of  the  southerly  line  of  the  township  of  Union,  in  the  county  of  Hudson, 
in  this  State,  and  to  lease,  purchase,  acquire,  and  hold  as  much  real  estate  as  may 
be  necessary  for  the  site  of  said  bridge,  and  of  all  abutments,  approaches,  walls,  toll- 
houses, and  other  structures  proper  to  said  bridge,  and  for  the  opening  of  suitable 
avenues  to  approach  to  said  bridge,  and  shall  also  have  power  to  build,  erect,  and 
construct  a  pier  for  the  support  of  said  bridge  at  the  bulk-head  line  on  each  side  of 
said  Hudson  River,  and  one  or  two  piers  in  the  river  between  such  bulk-head  lines 
with  spaces  between  said  piers  of  not  less  than  one  thousand  feet  each  :  Provided, 
That  nothing  in  this  act  contained  shall  be  construed  to  authorize,  nor  shall  authorize,  * 
the  construction  of  any  bridge  which  shall  obstruct  the  free  and  common  navigation 

of  the  Hudson  River,  save  as  herein  granted,  and  such  bridge  shall  not  be  less  than 
one  hundred  and  thirty  feet  elevation  above  high  tide  at  the  middle  of  the  river ;  it 
shall  not  obstruct  any  public  road,  street,  or  avenue  which  it  shall  cross,  but  such 
public  road,  street  or  avenue  shall  be  opened  by  a  suitable  arch  or  suspended  plat- 
form as  shall  give  a  suitable  height  for  a  passage  under  the  same  for  all  purposes  of 
public  travel  and  transportation  ;  the  said  bridge  shall  be  built  with  a  substantial 
railing  or  siding,  and  shall  be  kept  lighted  through  all  hours  of  the  night. 

6.  And  he  it  enacted,  That  the  board  of  directors  shall  have  power  to  fix  the  rates  of 
toll  for  persons,  animals,  carriages,  and  vehicles  of  every  kind  or  description  passing 
over  the  same ;  toll-gates  shall  be  kept  at  each  end  of  the  bridge ;  the  rate  of  toll  shall 
be  posted  up  conspicuously  at  the  toll-gates ;  the  said  directors  shall  reduce  the  rates  of 
toll  from  time  to  time,  so  that  the  net  profits  of  said  bridge  shall  not  exceed  the  sum 
of  fifteen  per  centum  per  annum,  after  deducting  the  expenses  of  repairs  and  improve- 
ments of  said  bridge,  its  appurtenances  and  approaches  and  all  just  and  proper  dam- 
ages against  the  said  corporation. 

7.  And  he$t  enacted,  That  any  person  wilfully  doing  an  injury  to  the  said  bridge  or 
any  of  its  appurtenances  shall  forfeit  and  pay  to  the  said  corporation  three  times  the 
amount  of  such  injury  and  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
subject  to  a  penalty  not  exceeding  five  hundred  dollars  or  to  imprisonment  not  ex- 
ceeding six  months,  in  the  discretion  of  the  court. 

8.  And  he  it  enacted,  That  the  State  of  New  York  shall  have  jurisdiction  of  all  crimes 
and  offenses  committed  upon  said  bridge. 

9.  And  he  it  enacted.  That  said  company  shall  have  power  to  procure  the  right  of 
way  and  lands  necessary  to  carry  out  the  objects  of  this  act,  either  by  purchase  or  ap- 
praisement by  commissioners  in  the  manner  prescribed  in  and  by  the  original  charter, 
or  act  of  incorporation  of  the  New  Jersey  Railroad  and  Transportation  Company. 

10.  And  he  it  enacted,  That  the  construction  of  the  said  bridge  shall  bo  commenced 
within  three  years  and  shall  be  completed  with.n  five  years  from  the  time  when  this 
act  shall  take  effect,  or  this  act  and  all  rights  and  priviledges  granted  thereby  shall 
be'null  and  void. 

11.  And  he  it  enacted.  That  this  act  shall  take  effect  when  the  legislature  of  the 
State  of  New  York  shall  pass  a  law  appointing  commissioners  on  their  part,  and  vest- 
ing like  power  and  authority  in  the  subscribers  to  the  said  capital  stock  of  erecting 
the  bridge  as  aforesaid,  and  with  as  full  and  ample  powers,  privileges,  franchises,  and 
emoluments,  as  to  the  said  company  are  hereby  given. 

Approved  April  17th,  18G8. 

With  the  amendment  suggested  above  which  prevents  the  erection 
of  this  bridge  within  one  mile  of  any  location  which  at  the  time  of  the 
passage  of  this  a^t  may  have  been  selected  by  the  North  River  Bridge 
Company  under  its  charter,  and  with  the  following  amendments : 

(1)  Amend  the  title  by  inserting  after  the  word    authorize"  in  line 
1,  the  word  "  the." 

(2)  Amend  section  4  by  striking  out  all  after  the  word  "approval" 
In  line  3. 


±  ,    BRIDGE  ACROSS  THE  HUDSON  RIVER. 

(3)  Amend  section  5  by  inserting  after  the  word  "company,"  in  line 
1,  the  words  ^'or  companies." 

(4)  Amend  section  6  by  striking  out  the  words  "or  the  public  good," 
in  line  3,  and  by  striking  out  the  word  "company"  and  inserting  in 
lieu  thereof  the  word  "companies,"  in  line  4. 

And  with  the  other  provisions  of  the  bill  as  stated  therein,  we  believe 
that  the  erection  of  this  bridge  under  the  consent  of  Congress  granted 
by  this  bill  will  be  for  the  interest  of  the  public. 

We  therefore  recommend  the  passage  of  the  bill  as  amended. 


War  Department, 
WasMngton,  December  30,  1891. 
Sir:  I  return  herewitli  S.  455,  ''to  authorize  the  New  York  and  New  Jersey  Bridge 
Company  to  construct  and  maintain  a  bridge  across  the  Hudson  River  between  New 
York  City  and  the  State  of  New  Jersey,"  referred  to  this  Department  on  the  23d 
instant,  and  beg  to  invite  your  attention  to  the  inclosed  report,  dated  December  26, 
1891,  from  the  Chief  of  Engineers,  and  its  accompanying  copy  of  an  amended  bill, 
which  expresses  the  views  of  the  Department. 
Very  respectfully, 

L.  A.  Grant, 
Acting  Secretary  of  War. 

The  Chairman  op  the  Committee  on  Commerce, 

United  States  Senate. 


Office  of  the  Chief  of  Engineers, 
United  States  Army, 
WasMngton,  D.  C,  December  26,  1891. 

Sir  :  I  have  the  honor  to  acknowledge  the  reference  to  this  office  of  letter  of  De- 
cember 23  from  the  Senate  Committee  on  Commerce,  inclosing  for  views  of  the  War 
Department  thereon  S.  455,  Fifty-second  Congress,  first  session,  "A  bill  to  authorize 
the  New  York  and  New  Jersey  Bridge  Companies  to  construct  and  maintain  a  bridge 
across  the  Hudson  River  between  New  York  City  and  the  State  of  New  Jersey,"  and, 
m  reply,  I  beg  to  recommend  that  the  bill  be  amended  as  follows : 

Section  1,  in  line  20,  after  the  first  word,  add  the  following:  ^'Provided,  That  such 
bridge  shall  be  north  of  Sixty-sixth  street  prolonged  across  North  River." 

In  line  23,  after  the  word  "with"  insert  "all,"  and  after  the  word  "railroads," 
msert  "now  built  or  hereafter  to  be  built." 

Section  2,  in  line  3,  after  the  word  "and"  strike  out  "all  the"  and  insert  "the 
location  and,"  and  after  the  word  "plans"  strike  out  "and  specifications." 

In  lines  4  and  5,  strike  out  the  words  "to  the  Secretary  of  War,"  and  after  the 
word  "approval,"  in  line  5,  insert  "  and  until  he  approves  the  plans  and  location  of 
said  bridge  the  construction  of  the  bridge  shall  not  be  begun." 

At  the  end  of  line  8  add  the  following:  '^Provided,  That  plans  satisfactory  to  the 
Secretary  of  War  shall  be  submitted  to  him  within  one  year  after  the  passage  of  this 
act,  and  the  construction  of  said  bridge  shall  be  begun  within  one  year  after  the 
approval  of  the  plans  by  the  Secretary  of  War,  and  the  structure  shall  be  completed 
within  ten  years  from  the  date  of  said  approval,  otherwise  the  provisions  of  this  act 
shall  be  null  and  void." 

Section  4,  line  3,  after  the  word  "or"  insert  "other." 

A  copy  of  the  bill  with  the  proposed  amendments  indicated  thereon  is  herewith 
submitted,  and,  as  thus  amended,  I  know  of  no  objection  to  its  passage  by  Congress 
so  far  as  the  interests  of  navigation  are  concerned. 

The  letter  and  its  inclosures  are  herewith  returned. 
Very  respectfully,  your  obedient  servant, 

Thos.  Lincoln  Casey, 
Brig.  Gen.,  Chief  of  Engineers. 

Hon.  L.  A.  Grant, 

Acting  Secretary  of  War. 


SEYMOUR  DURST 


